This new volume provides the first thorough examination of the involvement of peace enforcement soldiers in the detention of indicted war criminals. The book firstly addresses why peace enforcement missions need to be involved in detaining indicted war criminals. This discussion includes an analysis of how the securing of justice and transitional justice is incorporated into the UN’s approach to peace-building. It also explores IFOR’s, SFOR’s and KFOR’s activities aimed at detaining indicted war criminals, before turning to an analysis of how the detaining of indicted war criminals is incorporated into peace enforcement doctrines, mandates and rules of engagement. The book then outlines the mechanisms that need to be established in order to enable peace enforcers to effectively arrest war criminals in the areas where they are deployed. It concludes with a discussion of the prospects for the involvement of peace enforcement soldiers in the detention of indicted war criminals, and of what lessons future peace enforcement missions can learn from the experience of IFOR, SFOR and KFOR.

The authoritative manual on the applicable international law and best practice in the planning and conduct of peace operations.

The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of peacekeeping. This book assesses whether prosecution of international peacekeepers merits a distinct judicial position due to (UN) peacekeeping mandates as well as the concept of Rules of Engagement. Special attention is paid to the new era of international military crisis operations in terms of prosecution and defense of military servicemen involved in these operations. Published under the Transnational Publishers imprint.

Although the International Criminal Court (ICC) - as the only permanent international court that addresses crimes against humanity, genocide, and war crimes - has important potential to end impunity and find justice for victims of atrocities, it is dependent on others for almost all aspects of its functioning. The Court has frequently relied on the peacekeeping operations that the UN deploys in the field and, over the past two decades, UN peacekeepers have provided logistical assistance and security to Court investigators, shared large amounts of information, and have even been involved in the arrest of Court suspects. But their track record has been inconsistent: they have sometimes refused to take action against people accused of war crimes and have found it difficult to balance their impartiality with court prosecutions. Despite the empirical importance of this phenomenon, we know preciously little about the circumstances under which it occurs. In Assisting International Justice, Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries. Relying on new empirical material, including over 130 interviews of key decision-makers, and comprehensive archival research, this scholarly volume explores how the UN navigates the terrain of conflict mediation and punitive accountability and demonstrates the collaborative but contingent relationship between the UN and the ICC.

This book critically re-evaluates the problem of sex between international personnel and local people and offers regulatory solutions to legal problems.

Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and at headquarters. Among the cutting-edge topics practitioners explore in Peace Support Operations & Their Legal Implications are human trafficking and illegal immigration in theatres of PSO such as the Balkans, arrest and detention of suspects of serious breaches of the laws of war, the relationship and role sharing of civilian law enforcement agencies and peacekeepers, the use of non-lethal and other weapons (e.g. riot control agents), criminal liability for breaches of international law and Rules Of Engagement. Contributions of a more strategic nature deal further with the complexities of Status of Forces Agreements and Memoranda of Understanding, the extraterritorial applicability of human rights obligations, the application of the law of occupation to peacekeeping forces, their new role and the relative problems in peace-building. The main objective of this guidebook is to provide the basis for further discussion, suggesting what should be done next, and to constitute a problem-solving tool for those deployed in the field, often secluded from the external world and confronted with difficulties to be solved immediately, under the pressure of time. The idea is to show them the path undertaken by others who have been confronted with similar problems and to share the knowledge and fight the power. Published under the Transnational Publishers imprint.

In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.

International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The Yearbook is of scholarly quality but is not narrowly theoretical. It provides the interested public -- diplomats, civil servants, politicians, the military, academics, journalists, NGO employees, and serious citizens -- with a document of record, comment, and a starting point for further research on peacekeeping and related topics. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions and Reports of the UN Secretary- General, but also by expert commentaries on world events. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. This Yearbook is the continuation of the journal International Peacekeeping.

"A collection of key law and policy documents, and notes relevant to UN peace operations" --Pref.

The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.